Moyers is charged in the shooting death of Brandon Hydrick on Sept. 29, 2012. Moyers' defense asked the capital murder charge be dismissed and bond set during a pre-trial hearing last week. Moyers has been held without bond since his indictment in December 2012.

The state argued the capital murder charge is valid and Moyers should not be given bond.

Moyers claims that he was firing a warning shot that night and didn't know he hit Hydrick. Authorities say the evidence doesn't support that claim.